Five-year-old Illinois-born Jack Redmond boarded an Aer Lingus plane from O’Hare to Dublin at 6:45pm last night unaccompanied by his American mother. In accordance with a court order Jack is being returned to his father in Ireland, his family told the Irish Voice.
Jack’s father, Derek Redmond, is “ecstatic” to have his son returned, his lawyer, David Schaffer, told the Irish Voice.
In contrast, Jack’s mother, Mary Redmond, and his maternal grandmother in Illinois only barely managed to stifle their sobs in phone interviews with the Irish Voice, during which the child was audible in the background. (The shared last name between Jack’s parents is purely coincidental, and the parties were never married.)
“I said to [my son] this morning, ‘I’m so sorry,’ and he said, ‘It’s okay, Mommy. I’m brave and I’m strong. It’s not your fault,’’” Mary Redmond told the Irish Voice. “It broke my heart.”
After a custody battle protracted since March 2008 and litigated in both Ireland and the United States, a federal court ruled that under the Hague Convention on the Civil Aspects of International Child Abduction, Jack must return to Ireland on or before July 9, 2012.
Jack’s mother, Mary Redmond, had removed him to Illinois after an Irish court awarded joint custody to Jack’s father, Derek Redmond of Ballymurphy, Co. Carlow, in February 2011. Ms. Redmond was permitted by the Irish court to remove her son from the country to settle their affairs in the US on the condition that she swear under oath to return with him to Ireland by March 2011. Ms. Redmond instead remained in Illinois with her son and initiated custody proceedings in the state.
The federal court under the Hague Convention ruled that Ms. Redmond’s failure to return her son to Ireland after the Irish court’s judgment was unlawful, and ordered the child and his mother to return to Ireland, where the father could exercise his joint custody rights under Irish law.
Ms. Redmond and her lawyer stated their worry that if Ms. Redmond ever set foot in Ireland, she would face arrest and imprisonment for contempt of court due to her failure to return Jack in March 2011. The child’s grandmother, Peggy Redmond, accompanied him on the plane instead.
Mary Redmond remains behind in Illinois, where she will work with her lawyer on an appeal to the federal decision, her lawyer, Sarane Siewerth, said in an interview with the Irish Voice.
“If I can’t get my son home [through the appeal], then I’ll go face whatever they have for me,” Mary Redmond told the Irish Voice. “I just need to be near him.”
Peggy Redmond told the Irish Voice that she worries Jack will be legally required, according to his father’s wishes, to stay in Ireland until he is no longer a minor. She worries Jack’s mother will be unable to visit him without facing arrest, and said an Irish marshall was present at the federal hearing with an Irish arrest warrant for Mary.
But according to the 2011 Illinois state decision in the custody matter, for which the state court communicated with the Irish court, “The [Irish] Court indicated that it was not going to incarcerate Ms. Redmond for violating its orders, because she has a four-year-old child for which to care.”
Mr. Redmond’s lawyer also said that neither the Irish court system nor his client had any desire or intention to incarcerate the mother if she returned to Ireland. Mr. Redmond said his client had always promoted the idea of Jack spending some time in the United States with his mother and her family, and would continue to arrange a plan for Jack’s visits once his plane landed in Ireland.
The whole saga started in 1996, when Mary Redmond, who was born in the United States but additionally holds Irish citizenship through her Irish-born father, attended college in Ireland and began a relationship with Derek Redmond, of Ballymurphy, Co. Carlow.
The couple lived together in Ireland for a decade, where Ms. Redmond worked and pursued a second degree before her pregnancy in 2006.
By mutual agreement of the parents, Jack Redmond was born in Illinois on March 28, 2007. Both parents returned with the child- who holds dual citizenship- to Ireland when the child was eleven days old.
According to the federal court, the parents’ return to Ireland demonstrated their mutual intent to raise Jack there.
However, according to Ms. Redmond’s mother, Derek Redmond verbally agreed to start a steel welding business in Illinois with Ms. Redmond’s father, and his return to Ireland with Mary and their son was always a temporary arrangement for the purpose of settling his business affairs.
Mary Redmond left Derek Redmond permanently on November 10, 2011, multiple courts found, taking their son with her to Illinois.
The Cook County district court’s ruling, which was based solely on Mary Redmond’s testimony, states under ‘Findings’ that “Mr. Redmond was clearly abusive.”
Mr. Redmond’s lawyer said that his client had not had the opportunity to defend himself on the abuse allegations when that finding was issued.
The Cook County decision also found that the Irish court had jurisdiction over Jack’s custody because Mr. Redmond filed in Ireland for both custody and guardianship- equivalent to American parental rights for an illegitimate child -within six months of his son’s initial permanent departure from Ireland.
Ms. Redmond returned with Jack to Ireland in 2008, to collect her personal belongings, according to statements to the courts and to the Irish Voice.
But while in Ireland, Ms. Redmond also consulted a community welfare officer in Co. Carlow, according to the federal court record. Ms. Redmond’s legal team stated in the federal case that during the meeting, Ms. Redmond asked about maintenance payments for her son. Mr. Redmond’s legal team stated that the application was for “periodic payments” from HSE Community Welfare in Ireland, which Ms. Redmond and her child would have to reside in Ireland to receive, according to the federal record.
Planning to leave the country before Derek’s custody hearing, Ms. Redmond was stopped at Dublin airport by Gardai on April 8, 2008, as per an ex parte Order requested by Mr. Redmond. Ms. Redmond was allowed to leave the country after the hearing.
A complex legal battle ensued in the Irish Court system as to whether Ireland had the jurisdiction to decide custody for Jack, which the Irish High Court decided it had in November 2008.
In January 2009, Ms. Redmond acknowledged the Irish court’s jurisdiction over the matter and applied for permission to remove her son permanently to the US.
Her application was heard at the same time as Mr. Redmond’s custody request. The Irish court consulted a family therapist/psychologist, who interviewed the child, both parents, the parents’ siblings, and the child’s grandparents, according to court documents. The psychologist recommended that Jack live in Ireland and have an ongoing relationship with both parents.
At this time, Ms. Redmond swore under oath that she would return to Ireland with Jack by March 2011. She admitted to the federal court last month that she never had any intention of keeping that promise, according to federal court documents.
Ms. Redmond instead filed for sole custody in the Circuit Court of Cook County, Illinois.
The Illinois court granted Ms. Redmond’s request for an emergency order of protection against Mr. Redmond, based on Ms. Redmond’s testimony that Mr. Redmond had threatened her life, dangerously held their child by his neck, and removed the child from the care of a babysitter and driven the child without a car seat while intoxicated. Mr. Redmond was not present for the proceedings to defend himself against the allegations.
The order of protection solely applied to Ms. Redmond’s stated fear that Mr. Redmond would abduct the child while court proceedings were still ongoing in Illinois, but was extended briefly to allow for Ms. Redmond to apply for a similar protection in an Irish court, which Ms. Redmond has not sought.
Mary Redmond told the Irish Voice that she worried Derek would abuse her son upon his arrival in Ireland.
“I just don’t want [Derek] hurting this little boy,” she said.
Mr. Redmond’s lawyer said that the abuse allegations had been considered by the social worker in the Irish investigation, and that the “court didn’t have a concern about it.”
The Illinois court also acknowledged the Irish court’s jurisdiction in the matter, as Mr. Redmond filed for custody within six months of his son leaving Ireland, before the child’s residence in Illinois could be legally habitual.
Mr. Redmond filed a petition for his child to be returned to Ireland under the Hague Convention on December 1, 2011.
The Hague’s June 19, 2012 decision required both Ms. Redmond and her child to return to Ireland; the judge said verbally, according to Ms. Redmond’s lawyer, that another family member could accompany the child.
“Hague proceedings aren’t to determine the best interests of the child, they are to determine jurisdiction,” Mr. Redmond’s lawyer told the Irish Voice. The Hague’s decision verifies that Ireland has jurisdiction over the case, which makes the 2011 order for Jack to reside in Ireland valid.
Schaffer, Mr. Redmond’s lawyer, said he would consider allowing his client to speak with Irish Voice reporters once his client’s son lands safely in Ireland.
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Switch to the desktop site to post a comment.Frenchy | Jul 26, 2012, 05:12 PM EDT
I SUBMITTED A SECOND COMMENT AND IT DID NOT GET PUBLISHED. WHY? DID IT STRIKE A NERVE? THE IRISH VOICE MUST BE CENSORING. SHAME
Frenchy | Jul 26, 2012, 03:43 PM EDT
"CHICAGO1" FYI YOU ARE INCORRECT. THEY ARE NOT RELATED AS COUSINS AND THEY WERE NEVER MARRIED TO EACH OTHER.
IrishmanOz | Jul 17, 2012, 11:19 PM EDT
Do Whats right is full of S*#t. Mary Redmond swore on the bible in court that she would bring the child back to Ireland if allowed to take him to the States. Like most Americans, she was paying lip service to God in order to get what she wanted and had no intention of returning her son to Ireland. May you and all of Mary Redmond's other supporters burn in hell. This is a great victory for many European parents over the mighty arrogance of America and will pave the way for many more similar cases in future. If you want to help Jack's family ...mind your own business!
liammurf | Jul 13, 2012, 06:47 PM EDT
It looks to me that for a rare change, Ill. courts did it right. He was born there, (Ireland) his dad lives there and the Irish Courts determine that he should be there. Case Closed. You made the bed, lie in it.
Oldwildrover | Jul 13, 2012, 03:31 PM EDT
Sorry, Love, I think you took my statement out of context. I was referring to separations or divorces in general. I doubt if there was abuse in Ms. Redmonds case. Doesn't sound as if there were any allegation in Ireland prior to her return to the US. No abuse here....a very happy divorced father.
Love | Jul 13, 2012, 01:50 PM EDT
“There is no abuse MOSTof the time” this is a statement taken from another commenter. So, that means it has happened and its okay? Let me tell you abuse is never okay! Furthermore, “Mary’s plan backfired” is another ridicules statement. What Mary’s plan to protect her child from being abused only “most of the time.” So what you’re saying is that Mary should stay and allow a man abuse her and the baby. Please think about what you are saying this is horrible, I hope you aren’t getting abused at home because if you are you need to seek help just like Mary.
Love | Jul 13, 2012, 09:10 AM EDT
The mother tried to pull a fast one and it backfired. There is no abuse most of the time, it is a tactic for mothers to gain the upper hand. It immediately puts the father in the defensive. Then the courts usually side with the mother. All the more reason why we need reform in the family court system in the US. The presumption should be shared custody. Children need both parents in their lives.
weeknocky | Jul 12, 2012, 09:50 PM EDT
The stupidity of adults never ceases to amaze me.
Chicago1 | Jul 12, 2012, 09:13 PM EDT
I was just reading the comments on this story on a couple of Chicago news sites. Both sides of the story are presented there, yet it is hard to know who is telling the truth. I read that the parents are 1st cousins and this situation has completely torn their family apart. How very sad for all involved.
Do Whats Right | Jul 12, 2012, 12:27 PM EDT
Mary is a loving caring mother that would do anything to educate, love, and keep her son safe. Mary and her family has spent countless numbers of dollars and hours to keep Jack safe. The reason she left was to end the yelling, ridiculing, barricading her in the house without food, and physical violence from Derek. Mary brought her son to Orland Park, IL to give her son the best life she could give. This child was given a good home: food at every meal, loving hugs & kisses daily, a happy healthy environment, great education, friends, and a family unit that would do anything to ensure the very best for Jack. Mary tried to work things out and offered many different shared custody agreements and he agreed to none of them. He wanted all or nothing and wanted to hurt Mary and take away her number one love, Jack. Please help Jack return to his home that place that he loves and a family that loves him to the moon and back again!
Portia777 | Jul 12, 2012, 12:26 PM EDT
85% of abusers win custody in cases like this, because so called experts say abusers make the best parent- keeps control over the child for the state.
Do Whats Right | Jul 12, 2012, 09:51 AM EDT
If you want to donate to help Jacks family. Go to: indiegogo wesite Search for: Jack Redmond Click on: Justice for Jack
occassio | Jul 11, 2012, 08:25 PM EDT
Beween this story, Lennox and other heady headlines of late, I'm given to remember some lines from Wordsworth; "The world is too much with us; late and soon,..For this, for everything, we are out of tune;..." I hope there is reason and redemption at some point.
occassio | Jul 11, 2012, 08:06 PM EDT
MegK311. We've already seen the disasters of court decisions in the Lennox (the dog) case. Justice and law sometimes work at odds with each other. If proven to have been abusive particularly if alcohol is present, Derek should not have joint custody but only monitored visits. I know whereof I speak. Again, I'm in the U.S. where the courts have had to revisit the custody processes and tend to be more guarded. I don't know proceedings in Ireland. However, I do think the grandmother needs a good lawyer.
Bhrighde | Jul 11, 2012, 07:48 PM EDT
pilib04 said it all.
A mothers love | Jul 11, 2012, 06:39 PM EDT
Irishcoffeekid she acts like she will be locked up the minute she lands in Dublin. Jack & his grandmother Peggy were asked to remain on the plane when they arrived in Dublin they were then escorted by the police to the station then to court when Jacks biological father wanted a hearing regarding full custody without Jacks mother being present he was denied. Had Mary been present there was an arrest warrant for her. It's wise to know what you are talking about before you comment!
MegK311 | Jul 11, 2012, 05:53 PM EDT
What a horrible mess for this child. No doubt the mother made a bad decision and is now paying for it. The parents should have joint custody and they should put the best interests of the child as the most important factor to be considered. This child is an American citizen and should live in the country of his birth. I hope that the parents can get their acts together and do what is bst for their child.
merefalow | Jul 11, 2012, 05:39 PM EDT
so sad,getting hitched is massive,make sure you get it right.
pilib04 | Jul 11, 2012, 05:14 PM EDT
Has anyone ever heard of the word KIDNAPPING? That's what mom did! Kudos to Cook County Court.
WoundedKnee | Jul 11, 2012, 04:58 PM EDT
"an Irish marshall was present"???? There's no such thing. There is no law enforcement officer in Ireland titled Marshall, and there is no office that corresponds to the American Marshall.
Scrivner | Jul 11, 2012, 04:23 PM EDT
Thank youi for the rest of the story. Local tv news only showed a crying mother and a brave little boy. No context, no background. Happy that the Cook County court system operated so quickly and fairly.
Corkman | Jul 11, 2012, 01:46 PM EDT
If the man is abusive then I can understand why she used such poor judgement by not trying to gain custody legally, however there is no way to be sure. On the other hand, I think the preeminent concern and deciding factor for the courts should be the welfare of the child. It seems to me that they failed to hold that standard concentrating more on upholding the law at the expense of the child. Common sense would dictate that the child who has lived with his mother and grandmother for the last 4 years should not be forced to leave them to live with a father that is more concerned with custody than the child's state of mind. As a father myself, I would rather move to where the child is than to tear him away from his mother regardless of my feelings toward her.
occassio | Jul 11, 2012, 01:42 PM EDT
The stated reason Mary Redmond left her partner, Derek, was his abusive behavior. Primary question in U.S. courts would be whether or not the father was abusive and, if so, is there proof? I don't know if that's the gating factor in Ireland. A parent in an abusive relationship will go to great lengths to protect children despite the legal ramifications of choosing to circumvent/deny orders from the court.
irishcoffeekid | Jul 11, 2012, 01:08 PM EDT
This is all a bit too drama for me. She overstayed the courts orders and didnt bring the child home to his father who has rights as a parent too. She didnt exercise good judgement - if she wants to keep him close, respect the other parent, go back to Ireland before the due date and fight your claim for custody from there. She broke the rules which puts the child in the middle and is stupid. She acts like they're going to lock her up the minute she lands in Dublin - she should be intelligent enough to go to Ireland, apologise for her behavior and state her case. the irish system will be sympathetic to her and hse might get fined but they arent going to lock her up for this. She needs to mature up, suck it up and move back to Ireland if she wants to be near to her son. Her behavior isnt helping her case! She had choices, she thought the system would work for her, it didnt. Sympathy wont get her out of this mess. The father clearly loves the child and he deserves the right to bond too. She can make it easier by following the rules and not putting the kid into the stress mix!
joan1954 | Jul 11, 2012, 11:00 AM EDT
Ms. Redmond was wrong not to return him when the court allowed her to take her son to Illinois to handle completion of affairs. Now does she have issues, who knows but I was always under the impression that American courts gave custody to the mother. I guess things change.